Copyright Reports: Use Them to Minimize the Potential of an E&O Claim

Posted by David Hamilton on Jul 22, 2015 3:31:00 PM

Copyright Reports

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Prior to providing a Producers E&O quote, the film insurance company will recommend that you obtain a copyright report. At Front Row, we recommend that a copyright report be obtained on any book, play, etc. that the producer is buying rights to, or for any script that was not written as a work for hire by the production company’s own employees.

The copyright report is important because they make you aware of any conflicting assignments that hinder or destroy the right to use the underlying work. It is not common for someone to try to defraud you, but many owners of the underlying work do not fully understand previous option agreements or other contracts, or co-owners of the rights may already have assigned the film or TV rights to someone else.

A recent claim involved a producer of a movie sued for copyright infringement. Plaintiff alleged that her unpublished novel was the basis for the movie. The Producers Errors and Omissions policy will provide a lawyer and pay the legal fees to defend the producer that purchased an E&O Policy for Producers.

Once the assignment of the film/TV rights to the underlying work is obtained, the producer should register that assignment with the copyright office. This registration will prevent someone who obtains conflicting rights from establishing a priority of rights by beating the producer to the registration procedure.

If you would like a no obligation Producers E&O insurance quote, please click here.

Front Row is an independent film insurance broker that works on behalf of filmmakers to transfer the risks of filming to insurance companies for the lowest possible cost. Front Row has offices in Vancouver, Toronto, Montreal and Los Angeles.

 

RELATED LINKS:

E&O Insurance 101 & How to Protect Your Film Project

E&O: What You Need to Know

E&O: Cost

Are you paying for the coverage you need?

Steps to Obtain

Producer Errors and Omissions

E&O: Reviewing Scripts

Distributor Errors and Omissions

Documentary E&O Insurance

Copyright Reports

How much of your film is copyright-able?

Copyright Infringements

Title Reports

Script Clearance Reports

Clearance Procedures

Claims Made vs. Occurrence

Fair Use

False Light Accusations

The value of a lawyer

To get or not get permission: The Social Network

A production lawyer's guide to obtaining E&O insurance and preventing litigation

Topics: E&O Insurance, script copyright report

Bobby Smith
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